Lewis v Manihera [2012] NZLLA 47 (25 January 2012)

Last Updated: 10 February 2012

[2012] NZLLA 47- 49

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications pursuant to s.135 of the Act for suspension of General Manager’s Certificate number 049/GM/89/2006 issued to VANESSA HIKU MANIHERA; and General Manager’s Certificate number 045/GM/915/2005 issued to BRIAR TRACEY LEE

BETWEEN JOHN ROBERTSON LEWIS

(Police Officer of Wellington)

Applicant

AND VANESSA HIKU MANIHERA

First respondent

AND BRIAR TRACEY LEE

Second respondent

AND

IN THE MATTER of an application by VANESSA HIKU MANIHERA pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us applications by Sergeant J R Lewis of Wellington Police dated 22 August 2011 and 7 October 2011 respectively, for suspension of General Managers’ Certificates held by Vanessa Hiku Manihera and Briar Tracey Lee following a controlled purchase operation conducted on Saturday 30 July 2011 and on Sunday 11 September 2011.

We are also asked to determine an application to renew the certificate held by Vanessa Hiku Manuhera. The Police oppose renewal for the reasons set out in the application for suspension, the grounds for which are that the manager has failed to conduct the licensed premises in a proper manner

In both instances liquor was sold to a person under the age of 18 years in breach of the provisions of s.155 of the Act. The relevant on-licence for “Trax” was suspended for seven days in decision [2011] NZLLA 1462-1464.

The respondents do not dispute the grounds for the enforcement applications and they have agreed to suspension of their managers’ certificates. As a consequence of this negotiated settlement the Police have now withdrawn opposition to renewal of Ms Manihera’s certificate. Accordingly, we make the following order by consent:

(i) General Manager’s Certificate number 049/GM/89/2006, issued to Vanessa Lee Manihera, is suspended for six weeks from Monday 27 February 2012.

(ii) General Manager’s Certificate number 045/GM/915/2005, issued to Briar Tracey Lee, is suspended for three weeks from Monday 27 February 2012.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew Ms Manihera’s certificate until 9 September 2014. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 25th day of January 2012

B M Holmes
Secretary

Vanessa Manihera & Briar Lee.doc(ab)